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Withdrawal of South Africa from the ICC

South Africa’s and others’ withdrawal from the International Criminal Court (ICC) has seriously undermined the ability of the world to bring needed change to the ICC.

In an article “Going Beyond the ICC Hysteria” – SIYABULELA GEBE arguesherethat while there are legitimate reasons for and against the participation of South Africa in the ICC a compelling argument for involvement is that without the ICC, there is no institution, neither the stillborn African Court of Justice nor the ICC, that can hold African leaders to account for their plundering of Africa’s people and resources.

In another article “Sticking with the ICC is Africa’s best shot at reform” – Allan Ngari for ISS TODAY argues herethat while there are imperfections in the ICC’s agenda, based mainly on the ability of the UN Security Council to indicte ICC member states’ heads of government for committing atrocities, an ability seen as unjust because most of the permanent members of the UNSC are not signatories to the Rome convention of the ICC and thence are beyond the reach themselves of the ICC, there are avenues through which the Rome Statute can be amended, and that in fact, the Southern States have sufficient votes to give effect to desired amendments. Given that that is the case, it makes no sense for African states and, in particular, for South Africa, to withdraw from the ICC. Rather they should engage with the ICC and seek a more just means of bringing indictments through arguments for amendments of the Rome Statute.

Yet another article “African states must not waste a golden opportunity” by Solomon Sacco, Senior Legal Adviser and Netsanet Belay, Africa Director of Research and Advocacy at Amnesty International, argueherethat the two greatest challenges of the ICC are to also focus its attention on atrocities in other continents than Africa and that the ICC is very much hostage to global politics. Both these failings need to be addressed by an all inclusive ICC and that Amnesty International needs African nations to support their efforts in seeing that these failings are addressed, and that abandoning the ICC in a fit of pique merely weakens the possibilities for meaningful change to the Rome Statute.

The Direct Democracy Forum (DDF) believe that the ANC led government is posturing for the approval of the pan African lobby, saying, “see what great Africans we are”, instead of remaining in the ring and punching above its weight as South Africa has so often done on international stages in the past.

Nothing is gained and everything is lost by this form of grandstanding and is just another example of ANC ineptness.

The DDF are very much in favour of engagement and bringing about change through rational argument amongst equals in the world’s forums. Abandoning forums like the ICC will never bring about change, instead it will reduce South Africa to the role of an external and helpless observer with no influence on and in world affairs. The DDF believe thatengaging with South Africans and the world at large in a principled manner, will encourage the adoption of principles amongst all in South Africa and in the world, and that conversely, disengaging from the world will encourage the abandonment of principles both nationally and internationally.

A DDF administration would ensure that South Africa takes its rightful place in international forums and in particular, rejoins the ICC.